An easy read from the inconclusive negotiations for an international legally binding instrument (ILBI) on plastic pollution is that there was failure …. Yet, instead, could this signal of deep commitment? If text had been agreed during the resumed fifth session of the Intergovernmental Negotiating Committee (INC-5.2), perhaps that would have been an indication that considerable concessions were made. The contentious issues of finance and references to chemicals and production attracted the interests of oil-rich countries deeply invested in the plastic industry. Perhaps the lack of consensus could be read as indication that this treaty cannot be ‘watered down’ and that supporters of an outcome that has teeth have held their ground. Although this means pushing negotiations to meet again, there is a signal that we can interpret as a commitment to keeping the forthcoming treaty robust. In the meantime, MedWaves, as the regional activity center for both the Stockholm Convention and the Barcelona Convention, is part of a network of efforts to continue to do the work of addressing plastic pollution. While we wait for the pending INC 5.3 to be scheduled to continue progress, we review the ecosystem of existing conventions related to plastics and highlight existing MedWaves activities.  

Contexts of the Contentious 

The INC-5.2 negotiations were meant to be a triumphant demonstration of the power of multilateralism, justice and hope. The continued session of INC-5 convened in Busan, Republic of Korea aimed to finally fulfill the UNEA mandate for an international legally binding instrument (ILBI) on plastic pollution. The ten-day meeting convened with anticipation, pressure and hope, hosting more than 2,600 participants at the Palais des Nations in Geneva, including over 1,400 Member delegates from 183 countries, and close to 1,000 Observers representing over 400 organisations.  

By the close of the meeting, the lack of consensus on text was portrayed with images and messages shared around the world of disappointment, failure and regret. However, a closer look into the challenging roadblocks reveals a different perspective: a signal of strength in holding the line against a watered-down treaty without teeth. Indeed, negotiations must continue rather than be concluded. The question is not about success or failure. It is more a matter of how to navigate existing challenges to move toward an outcome resulting in a strong treaty. What needs to be done to push back industrial lobbyists and countries heavily invested in polluting plastics? How can we shift to further recognise and support the engaged programming that is making strides to reveal the truth about toxics and end plastic pollution? 

Inger Andersen, Executive Director, UNEP, consults with INC Chair Luis Vayas, Ecuador
IISD/ENB – Kiara Worth

“This has been a hard-fought 10 days against the backdrop of geopolitical complexities, economic challenges, and multilateral strains. However, one thing remains clear: despite these complexities, all countries clearly want to remain at the table. While we did not land the treaty text we hoped for, we at UNEP will continue the work against plastic pollution – pollution that is in our groundwater, in our soil, in our rivers, in our oceans and yes, in our bodies.”  

Inger Andersen, Executive Director of the UN Environment Programme (UNEP)  

Clarifying Contention 

The issue of plastic is contentious, especially in the context of the UNEA resolution 5/14 mandate to develop a treaty “based on a comprehensive approach that addresses the full life cycle of plastic.” INC-5.2 started with the Chair’s Text from INC-5.1  from Busan. Over the course of the meeting, the Chair released a Draft Text Proposal and a Revised Text Proposal.  

The negotiations progressed, however it seems that not all of the suggestions have been reflected in each draft and there have been challenges in overcoming the concerns of countries and companies with vested interest in the industry of plastic.  

MedWaves’ Ignasi Mateo, from Green Entrepreneurship & Civil Society and present at the INC5.2 sessions, summarises that the remaining main points of divergence centered on financing, specifically which mechanisms or hybrids will be implemented and how they will be funded; and the inclusion of:  

• chemicals of concern (plastic additives); 
• plastic products to be eliminated or reduced; 
• an article with objectives for reducing plastic production; and 
• an article that specifically refers to health impacts. 

One aspect that the Generalitat de Catalunya, represented by the Catalan delegation in Switzerland and technically assisted by MedWaves, together with the government of Quebec, Local Governments for Sustainability (known as ICLEI), Global Cities Hub and United Cities and Local Governments (UCLG), the Local and Subnational Governments (LSNG) coalition to end plastic pollution have been promoting throughout the text is specific and direct reference to local and subnational governments. This inclusion is important in recognising the contribution of regional and local solutions. The work of the LSNG Coalition has previously led to the inclusion of the reference to subnationals in two articles of the latest revised text proposal (article 7-Plastic waste management and article 17- Public information, awareness, education and research). 

Part of the promise of contribution from the regional and local level is a result of other existing multilateral environmental agreements which have ushered in both an understanding and appreciation of the challenges of plastic production and pollution, as well as support for programming to address these challenges.  

The Basel, Rotterdam, and Stockholm (BRS) Conventions: 

The BRS (Basel, Rotterdam, and Stockholm) Conventions are key to the context of a global plastic treaty. The existing legal framework within the BRS addresses the environmentally sound management of hazardous waste and chemicals. Specifically, the Basel Convention’s Plastic Waste Amendments controls transboundary movement and promotes environmentally sound management (ESM) of plastic waste. The Rotterdam and Stockholm Conventions deal with hazardous chemicals. On 11 August during the INC-5.2, a special event was held: BRS Signing Agreement to Address Plastic Pollution. This €2 million agreement BRS Conventions Secretariat and French Global Environment Facility (FFEM) will tackle plastic pollution in Cabo Verde, Senegal, and 10 Francophone West African countries. 

IISD/ENB – Kiara Worth

UN Framework Convention on Climate Change (UNFCCC): 

There is a strong connection between plastic and climate, specifically relevant to the production of plastic which relies on fossil fuels and contributes significant global greenhouse gas (GHG) emissions. Reducing plastic production is essential to avoid exceeding the carbon budget set by the Paris Agreement. 

Convention on Biological Diversity (CBD) 

The Convention on Biodiversity shares the concern and responsibility of addressing plastic pollution. Plastic pollution is a direct driver of biodiversity loss, impacting marine and terrestrial species through ingestion, entanglement, and habitat degradation. The Kunming-Montreal Global Biodiversity Framework has many relevant targets that connect to plastic. Target 7 Reduce Pollution to Levels That Are Not Harmful to Biodiversity includes reference to eliminating plastic pollution. Additionally there is Target 18 on harmful subsidies which connects to removing environmentally harmful plastic subsidies. 

UN Ocean Conference (UNOC)

The UN Ocean Conference in Nice, France also helped to build important momentum, resulting in the Ministerial Declaration which brought together 95 countries to sign the “Nice Wake-up Call”.  Among other elements, this call made clear that the new binding global treaty to address plastic pollution should emphasise a full lifecycle approach, phasing out harmful chemicals and plastics, promoting smarter product design, and ensuring effective implementation and financing.  

Barcelona Convention:  

Under UNEP is the Mediterranean Action Plan (MAP) is the Mediterranean-focused framework under the Barcelona Convention for addressing marine pollution, and it includes the updated Regional Plan on Marine Litter, which provides a foundation for global efforts to combat plastic pollution.

Arising from its dual mandate under the Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, and the Stockholm Convention on Persistent Organic Pollutants (POPs), MedWaves offers focused expertise in several key areas: circular economy, marine litter and plastics pollution, toxic chemicals, and blue economy. Support services range from capacity building and technical assistance to the provision of advisory services and training. The centre translates the knowledge contained in policy briefs and action plans into actual programming on the ground by implementing best practices and measures.

By a way of example, here two initiatives in which MedWaves is undertaking concrete measures to address plastic pollution in the Mediterranean basin:

• The Low Plastic Zone (LPZ) initiative aims to engage hotels, restaurants and cafes (HORECA sector) in reducing disposable plastics during their daily operations. It is a community of forward-thinking businesses committed to reducing plastic waste by eliminating problematic single-use plastic (SUP) products, including amenities, straws, bags, and cups. LPZ is part of the larger EU-funded Marine Litter Med Plus project. This project further supports the implementation of the updated Regional Plan on Marine Litter Management in the Mediterranean at national, sub-regional and regional level. The project is implemented by UNEP/MAP-Barcelona Convention Secretariat and MAP Components, including MedWaves, which is responsible for the plastic pollution prevention through the Low Plastic Zone approach.
• CapiMed +, a continuation of the “original” CapiMed project, is funded by Beyond Plastic Med (BeMed) and coordinated by MedWaves and SMILO. In May 2024, BeMed launched its 2nd call for projects dedicated to the Mediterranean islands, to support local initiatives in the fight against plastic pollution. 7 projects, led by local stakeholders across 6 Mediterranean countries, have been awarded. Discover the selected projects here. 

Conclusion without Consensus

Jyoti Mathur-Filipp, Executive Secretary of the INC Secretariat highlighted “Progress must now be our obligation.” The continuation of the negotiations requires stamina and a mindset committed to the work required to carve a path forward. “Failing to reach the goal we set for ourselves may bring sadness, even frustration. Yet it should not lead to discouragement. On the contrary, it should spur us to regain our energy, renew our commitments, and unite our aspirations,” said INC Chair Ambassador Luis Vayas Valdivieso. “It has not happened yet in Geneva, but I have no doubt that the day will come when the international community will unite its will and join hands to protect our environment and safeguard the health of our people”, concluded.

IISD/ENB – Kiara Worth

“Everybody came here with the intention to get the deal done. However, it is clear that we are living in an era of significant political complexity. We are living in a time of economic challenges and obviously multilateral complexity. But despite those profound challenges that were journeyed, despite the disappointment that we all leave with, we have to accept that significant progress was made. Progress was made in that the red lines were clarified, and progress was made in that countries discussed. Progress is made because people are demanding a treaty.” 

Inger Andersen, Executive Director, UNEP 

IISD/ENB – Kiara Worth

********************

For further details on MedWaves’ involvement in prior sessions, see:

• INC-3 –> Regional View of INC-3: Growing from What We Know
• INC-4:
  • Panel Discussion: ‘Plastic Pollution: The Role of Subnational Governments in Tackling the Issue’
  • Thematic side event: ‘Side event on plastic pollution in the marine environment’
• INC-5 –> Promises for a global plastics treaty: Reflections from INC-5

********************

Want to receive our news and updates directly to your inbox? sign up for our Newsletter!